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2007-03-20 Regular CC Meeting CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MARCH 20, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 6:00 P.M. 1. Call to order. 2. Invocation: Coy Quesenbury, Lonesome Dove Baptist Church 3. Development Activity Report 4. Southlake 2025 Update 5. TXU Underground Utility Program 6. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediately following the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subiect matter of this City Council meeting. 1. Section 551.072: Deliberation regarding real property a. Discuss purchase of property for the central DPS Headquarters. 2. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report 1. Proclamation for World Water Day B. City Manager's Report C. Financial Report D. Parks and Recreation Board Report CONSENT AGENDA Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20, 2007 Page 2 of 6 All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve the minutes from the March 6, 2007, regular City Council meeting. B. Excuse members of the City Council and Planning and Zoning Commission for absences from meetings. C. Resolution No. 07-015, Authorize a one-time payment of accrued sick leave to 911 Dispatch employees transferred to the City of Keller as of April 1, 2007. D. Approve amended FY2006-07 Crime Control and Prevention District Operating Budget. E. ZA06-132, Preliminary Plat for Estancia at Southlake, located at 579 North Kimball Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #6. F. ZA07-017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF-1 Two Family Residential District. SPIN Neighborhood #6. G. ZA07-023, Plat Revision for Block 3R2, Southlake Town Square, located on the northwest corner of Main Street and State Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. H. Consider SP07-073, Variance to Sign Ordinance No. 704-C for Southlake Town Square, located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. I. ZA07-025, Plat Revision for Lots 1R1 & IR2, 2R, 4R1, 4R2, and 4R3, Block 1, Sabre Group Campus, being a revision of Lots 1, 2, & 4, Block 1, Sabre Group Campus, located at Kirkwood Boulevard and State Highway 114. Current Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #2. J. ZA06-187, Site Plan for Masco Service Corporation, located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #5. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE APRIL 3, 2007, CITY COUNCIL MEETING. Integrity ♦ Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20, 2007 Page 3 of 6 K. Approve Right-of-way Encroachment Agreement for Masco Service Corporation. THIS ITEM HAS BEEN TABLED UNTIL THE APRIL 3, 2007, CITY COUNCIL MEETING. L. ZA06-023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition, located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN Neighborhood #5. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE APRIL 3, 2007, CITY COUNCIL MEETING. REGULAR AGENDA 5. Public Forum. 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-516, 2°d Reading, (ZA07-010), Zoning Change and Concept Plan for Lot 14, J.G. Allen No. 18 Addition, located at 2865 Johnson Road. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #15. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-517, 1St Reading (ZA07-004), Zoning Change and Concept Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning: S- P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. (If approved at first reading, the public hearing will be held April 3, 2007.) B. Ordinance No. 898-A, 1" Reading, Amend Ordinance No. 898 amending FY2006-07 Annual Budget. (If approved at first reading, the public hearing will be held April 3, 2007.) 8. Resolutions: (There are no items on this agenda.) 9. Other items for consideration: A. Consider SP07-075, Master Sign Plan for Watermere at Southlake, located on the south side of West Southlake Boulevard at Owenwood Drive. B. Authorize Amendment No. 1 to a Professional Services Agreement with Teague Nall and Perkins, Inc., to provide engineering services related to construction plan review, authorize staff to execute said contract and take any necessary action. Integrity 1 Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20, 2007 Page 4 of 6 C. Authorize the City Manager to sign a contract for residential and commercial refuse collection and recyclable materials collection with Republic Waste Services of Texas, Ltd. (dba Duncan Disposal). 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, March 16, 2007, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. UTH 10 oo•aoo~e'7/~- ♦i 'A , Lori A. Farwell TRMC = ' City Secretary ♦ e~•••••a.a If you plan to attend this public meetinckze~4a,Osability that requires special needs, please advise the City Secretary's Office 48 houP§ rn advance at 817-748-8016 and reasonable accommodations will be made to assist you. Integrity ♦ Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20, 2007 Page 5 of 6 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. City of Southlake vs. Timarron et.al. May 2001. 2. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. 3. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 4. Kenneth Schmiedel and Maureen Schmiedel, individually and as next friends of Elizabeth Schmiedel, a minor vs. City of Southlake. August 2006. 5. Teresa Dreyer v. City of Southlake, Texas, et.al. September 2006. 6. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities, Inc., aka Barson Utilities. December 2006. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda March 20, 2007 Page 6 of 6 Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safetv The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: MARCH 20, 2007 LOCATION 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem John Terrell, and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, City Manager Intern Candice Sanders, Community Relations Officer Pilar Schank, Manager of Information Services Gary Gregg, Audio Visual Systems Technician Pam Jordan, Library Administrator Kerry McGeath, Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Building Official Paul Ward, Chief Planner Jayashree Narayana, Planner Clayton Comstock, Director of Public Works Robert H. Price, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:17 p.m. Agenda item No. 2. Invocation. Coy Quesenbury from Lonesome Dove Baptist Church gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. Development Activity Report. Director Baker presented this item to Council. Agenda Item No. 4. Southlake 2025 Update. Director Baker presented this item to Council. Agenda Item No. 5. TXU Underground Utility Program. This item was not discussed but will be brought back at a later meeting. Agenda Item No. 6. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Item 4F was removed from the consent agenda and considered separately. Item 9B was added to the consent agenda. The work session ended at 6:15 p.m. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 1 of 8 REGULAR SESSION Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:15 p.m. Agenda Item No. 2A. Executive Session Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, Consultation with attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:15 p.m. Executive Session began at 6:35 p.m. and ended at 7:17 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:30 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Motion was made to authorize staff to begin negotiations to secure the property as discussed in executive session. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 3AL Proclamation for World Water Day. Mayor Wambsganss presented a proclamation to Kimberly Simeus to help raise awareness of the critical lack of safe drinking water worldwide. Mrs. Simeus thanked the Mayor and made a brief presentation on World Water Day. Agenda Item No. 3B. City Manager's Report. This item was given after the consent agenda was approved. Agenda Item No. 3C. Financial Report. A written report was given to Council. Agenda Item No. 3D. Parks and Recreation Board Report. No report was given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve the minutes from the March 6, 2007, regular City Council meeting The minutes were amended to add the words "approving requested variances" as part of the motion for agenda item 6C. Agenda Item No. 4B. Excuse members of the City Council and Planning and Zoning Commission for absences from meetings Mayor Wambsganss was absent from the March 6, REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 2 of 8 2007, City Council meeting and Commissioner C.D. Peebles was absent from the March 8, 2007, Planning and Zoning Commission meeting. Agenda Item No. 4C. Resolution No. 07 -015, Authorize a one -time payment of accrued sick leave to 911 Dispatch employees transferred to the City of Keller as of April 1, 2007. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING A ONE -TIME PAYMENT OF ACCRUED SICK LEAVE TO 911 DISPATCH EMPLOYEES TRANSFERRED TO THE CITY OF KELLER AS OF APRIL 1, 2007. Agenda Item No. 4D. Approve amended FY2006 -07 Crime Control and Prevention District Operating Budget. A presentation was not made on this item. Agenda Item No. 4E. ZA06 -132, Preliminary Plat for Estancia at Southlake, located at 579 North Kimball Avenue. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #6. A presentation was not made on this item. Agenda Item No. 4F. ZA07 -017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF -1 Two Family Residential District. SPIN Neighborhood #6. This item was removed from the consent agenda and considered prior to the regular agenda. Agenda Item No. 4G. ZA07 -023, Plat Revision for Block 3R2, Southlake Town Square, located on the northwest corner of Main Street and State Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. A presentation was not made on this item. Agenda Item No. 4H. Consider SP07 -073, Variance to Sign Ordinance No. 704 -C for Southlake Town Square, located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. A presentation was not made on this item. Council discussed this item during work session. Agenda Item No. 4I. ZA07 -025, Plat Revision for Lots 1R1 & 1R2, 2R, 4R1, 4R2, and 4R3, Block 1, Sabre Group Campus, being a revision of Lots 1, 2, & 4, Block 1, Sabre Group Campus, located at Kirkwood Boulevard and State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #2. A presentation was not made on this item. Agenda Item No. 4J. ZA06 -187, Site Plan for Masco Service Corporation, located at 1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood #5. The applicant requested to table this item to the April 3, 2007, City Council meeting. Agenda Item No. 4K. Approve Right -of -way Encroachment Agreement for Masco Service Corporation This item has been tabled until the April 3, 2007, City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 3 of 8 Agenda Item No. 4L. ZA06 -023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition, located at 1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood #5. The applicant requested to table this item to the April 3, 2007, City Council meeting. Agenda Item No. 9B. Authorize Amendment No. 1 to a Professional Services Agreement with Teague, Nall, and Perkins, Inc., to provide engineering services related to construction plan review, authorize staff to execute said contract and take any necessary action. Director Price presented this item to Council during the work session and answered Council's questions. Motion was made to approve consent agenda items 4A with the addition of the words, "approving requested variances," as part of the motion for agenda item 6C; 4B to excuse Mayor Wambsganss from the March 6, 2007, City Council meeting and Commissioner C.D. Peebles from the March 8, 2007, Planning and Zoning Commission meeting; 4C; 413; 4E subject to Plat Review Summary No. 3, dated March 2, 2007; 4G subject to Plat Review Summary No. 1, dated March 2, 2007; 41-1; 4I subject to Revised Plat Review Summary No. 1, dated March 13, 2007; to table 4J to the April 3, 2007, City Council meeting; to table item 4K to the April 3, 2007, City Council meeting; to table item 4L to the April 3, 2007, City Council meeting; and 9B. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3B. City Manager's Report. City Manager Yelverton announced several recent staff accomplishments and awards. Fire Chief Finn presented information on a recent award from the Center for Digital Government to the Department of Public Safety for Best Application Serving Multiple Jurisdictions. City Manager Yelverton recognized the Building Inspections Division for receiving an award from the Building Officials Association of Texas for the fifth straight year. Chief Building Official Ward was presented the award by Mayor Wambsganss. City Manager Yelverton also noted that Bicentennial Park was recently voted the Best Park for Children by readers of the Southlake Journal, the Grapevine Courier, and the Colleyville Courier and congratulated Director Polasek and his Parks and Recreation Department. Agenda Item No. 4F. ZA07 -017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive. Current Zoning: MF -1 Two Family Residential District. SPIN Neighborhood #6 . Director Baker presented this item to Council. Mayor Wambsganss read comment cards into the record of adjacent residents who registered opposition: John Towry, 475 Briarwood Drive, Southlake, Texas, and Jesse R. Hames, 425 Briarwood Drive, Southlake, Texas. Tom Pafel, 550 Briarwood Drive, Southlake, Texas, spoke in opposition to this item. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 4 of 8 Motion was made to approve ZA07 -017, Plat Revision for Lots 1R1 and 1R2, Block C, Briarwood Estates, Phase I, located at 400 Briarwood Drive, subject to Plat Review Summary No. 2, dated March 2, 2007, and the recommendations of the Planning and Zoning Commission. Motion: Terrell Second: Jones Ayes: Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: Hill Approved: 6 -1 REGULAR AGENDA: Agenda Item No. 5. Public Forum Connor Brankin, 139 Jellico Circle, Southlake, Texas, spoke about the upcoming Southlake Library 4 th Annual Celtic Celebration Show. Atzenda Item No. 6A. Ordinance No. 480 -516. 2nd Reading_ (ZA07 -010)_ Zoning Chance and Concept Plan for Lot 14, J.G. Allen No. 18 Addition, located at 2865 Johnson Road. Current Zoning: AG Auricultural District. Reauested Zoning: SF-IA Single Familv Residential District. SPIN Neighborhood #15. Director Baker presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 2C9, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 1.997 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -516, 2nd Reading, (ZA07 -010), Zoning Change and Concept Plan for Lot 14, J.G. Allen No. 18 Addition, subject to Concept Plan Review Summary No. 3, dated March 14, 2007. Motion: Terrell Second: Jones REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 5 of 8 Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7A. Ordinance No. 480 -517, 1 st Reading_(ZA07 -004), Zoning Change and Concept Plan for Image Business Park, located at 2301 Crooked Lane. Current Zoning: S -P -2 Generalized Site Plan District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood 97. Director Baker presented this item to Council. Applicant F.C. LeVrier from Suncoast Architects made a presentation and answered Council's questions. Council discussed this request. Motion was made to approve Ordinance No. 480 -517, 1 st Reading (ZA07 -004), Zoning Change and Concept Plan for Image Business Park subject to Revised Concept Plan Review Summary No. 3, dated March 14, 2007, noting the applicant has agreed to substitute concrete stucco in any location on their prints referencing EFIS; requiring the pond to be a retention /detention pond; requiring the applicant to look at a more permanent fencing than the wood fencing shown by 2nd Reading; subject to the recommendations of the Planning and Zoning Commission specifically approving the variances for stacking on Lot 1 and the right -of -way and adding sexually oriented businesses to be on the list of excluded uses; requiring the applicant to look at access with Carroll Independent School District by 2nd Reading; and accepting the applicant's agreement to provide an easement for access to Crooked Lane. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss called for a break at 8:50 p.m. and reconvened the meeting at 9:05 p.m. Agenda Item No. 7B. Ordinance No. 898 -A, 1 st Reading, Amend Ordinance No. 898 FY2006 -07 Annual Budget. Director Jackson presented this item to Council. Motion was made to approve Ordinance No. 898 -A, 1 st Reading, Amend Ordinance No. 898 FY2006 -07 Annual Budget. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Auenda Item No. 9A. Consider SP07 -075. Master Sian Plan for Watermere at Southlake_ located on the south side of West Southlake Boulevard at Owenwood Drive. Chief Planner Narayana presented this item to Council. Applicants Murphy Webster from Fource Communications and Scott and Rick Simmons, 3101 West Southlake Boulevard, Southlake, Texas, answered Council's questions. REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 6 of 8 Motion was made to approve SP07 -075, Master Sign Plan for Watermere at Southlake, located on the south side of West Southlake Boulevard at Owenwood Drive and directing staff to include this submittal as an example package for other developers /applicants. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 9C. Authorize the City Manager to sign a contract for residential and commercial refuse collection and recyclable materials collection with Republic Waste Services of Texas, Ltd. (dba Duncan Disposal). Assistant City Manager Blagg presented this item to Council and answered their questions. Council discussed this item. Mayor Wambsganss allowed the public to speak. Steve Kellar from Waste Management, 1600 C. South Railroad, Fort Worth, Texas, spoke in opposition. Bob Kneis from IESI Corporation, 2301 Eagle Parkway, Fort Worth, Texas, spoke in opposition. Tom Sheehy, 210 Creekway Bend, Southlake, Texas, spoke in opposition. Jim Lattimore from Allied Waste, 6200 Eliott Reeder Road, Fort Worth, Texas, spoke in opposition. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, Consultation with attorney. City Council adjourned for Executive Session at 9:57 p.m. Executive Session began at 9:58 p.m. and ended at 10:02 p.m. Mayor Wambsganss reconvened the meeting at 10:04 p.m. No action was taken as a result of the executive session. City Attorney Sralla addressed questions regarding the competitive bid process. Nick Stefkovich from Republic Waste answered Council's questions. Motion was made to authorize the City Manager to sign a contract for residential and commercial refuse collection and recyclable materials collection with Republic Waste Services of Texas, Ltd. (dba Duncan Disposal). Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 7 of 8 Agenda Item No. 11. Adiournment. Mayor Wambsganss adjourned the meeting at 10:16 p.m. *An audio recording of this sheeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori A. Farwell, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, MARCH 20, 2007 Page 8 of 8